To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard and to promote the general welfare and to provide protection from flooding, the “FP” District is hereby established. This district may also be coextensive with or overlay any or all of the other zoning districts or portions thereof as provided for herein.

Where a tract of land or portion thereof is zoned for the uses of one of the other zoning districts and is also zoned “FP” District, the restrictions contained in the “FP” District shall take precedence over the other zoning districts and shall be the controlling regulations for that district or cordon [portion] of that district.

Agricultural activities, including the ordinary cultivation or grazing of land and legal and permitted types of animal husbandry;

Park, playground or golf course;

Parking facilities; and

Railroad right-of-way and tracks, but not including railroad yards or shops, freight or service buildings.

No building or structure shall be erected in that portion of any district designated “FP” District until such building or structure has been approved by the city council after recommendation by the city engineer, who will ascertain that such building or structure is probably not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of floodwaters and that such construction probably would not endanger the value and safety of other property or the public health and welfare, in his opinion. The level of the first floor of buildings or structures in floodplain areas shall be a minimum of at least eighteen inches (18") above the highest flood elevation shown in the most recent Federal Insurance Administration (FIA) flood insurance study for the area on which such building or structure is erected. Owners of buildings in flood-prone areas are encouraged to participate in the flood insurance program made available by insurance companies with the support of the FIA of the Department of Housing and Urban Development (HUD).

An area may be removed from the “FP” District designation when by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the city engineer that the flood hazard has, in most probability, been alleviated. Removal of the “FP” District designation shall be accomplished by resolution of the city council after written notification from the city engineer advising of the removal of the flood hazard and after proper public hearing and notice has been complied with. It shall be the responsibility of any person or organization applying for the alteration of “FP” District to provide the necessary studies and data on which a decision may be made concerning such change request.

No septic tank system or electric or telephone utilities, with the exception of sanitary sewers, may be located underground in a floodplain designated area unless installed by the guidelines set forth by the FIA’s Manual No. 184.

The fact that land is, or is not, within a district having a floodplain designation, shall not be interpreted as assurance that such land or area is, or is not, subject to periodic flooding. The city shall not be held responsible for failure to designate any lands as flood-prone areas and shall not be responsible for any such damages caused by any such failure or action.

No building permit shall be issued for the construction of any building or structure in a floodplain designated area unless and until deed restrictions are executed in favor of the city reciting that the owner and his successors will indemnify and hold harmless the city from any damages caused by flooding.